10- 144 C.M.R. ch. 33, § 6

Current through 2024-51, December 18, 2024

Section 144-33-6 - BACKGROUND CHECKS

A.Pre-employment comprehensive background checks.

1. In addition to the requirements of Section 2(A)(4)(e), licensees must request comprehensive background checks for all individuals over the age of 18, who will have unsupervised access to children.

2. Licensees may hire an individual on a contingent basis in accordance with 22 M.R.S. §9057(4).

B.Individuals subject to comprehensive background checks. Licensees must obtain comprehensive background checks for providers, all individuals who are at least 18 years old and reside at the home where services are provided, and other individuals who have unsupervised access to children in care, including, but not limited to substitutes, unless otherwise provided in this rule.

C.Individuals not subject to comprehensive background checks. Individuals who are not subject to comprehensive background checks may only have supervised access to children who are served by the provider. Comprehensive background checks are not required for individuals who are not providers and who only have infrequent and irregular supervised access to children, including but not limited to, parents, delivery persons, contractors performing maintenance and repairs and waste removal persons.

D.Background checks prior to notification to use the Maine Background Check Center. Criminal history reports, motor vehicle reports, out-of-home investigation reports and child protection reports must be obtained for each applicant, and for each paid, unpaid, temporary or regular provider.

1. Criminal history reports, out-of-home investigation reports, and child protection reports must also be obtained for any adult living on the family child care premises.

2. The applicant must provide signed release forms permitting the Department to obtain criminal history and child protective services information for him or herself, and for each adult member of the household. If any of these persons will be transporting children in care, the applicant must also provide releases for motor vehicle checks.

E.Components of a comprehensive background check. Upon notification by the Maine Background Check Center Program, licensees must request comprehensive background checks for providers and other individuals who have unsupervised access to children who are served. A comprehensive background check includes the following database searches:

1. Federal Bureau of Investigation fingerprint check;

2. National Crime Information Center's National Sex Offender Registry;

3. The following records and registries in Maine:

a. The Maine Criminal History Record Information using the State Bureau of Identification's Automated Fingerprint Identification System;

b. The Maine Sex Offender Registry;

c. Maine child protective records and out-of-home investigation reports;

d. Maine adult protective records; and

e. Licensing boards or registry records, if applicable.

4. A search of the following records and registries in each state, other than Maine, where an individual resided during the preceding five years:

a. State criminal records or registries;

b. State sex offender records or registries; and

c. State child abuse and neglect records or registries.

F.Frequency of background checks. The initial background check shall be conducted according to the schedule established by the Maine Background Check Center, and at least every five years thereafter.

G.Disqualifying offenses. Individuals are not eligible for employment in a family child care setting if they:

1. Refuse to consent to a criminal background check;

2. Knowingly make a materially false statement in connection with a comprehensive background check;

3. Are required to be registered on a state or national sex offender registry;

4. Were convicted of any of the following crimes:

a. Murder;

b. Child abuse or neglect;

c. A crime against children, including child pornography;

d. Spousal abuse;

e. A crime involving rape or sexual assault;

f. Kidnapping;

g. Arson;

h. Physical assault or battery; or

i. Violent misdemeanors committed as an adult against a child, including child abuse, child endangerment, sexual assault or a misdemeanor involving child pornography.

H.Disqualifying drug-related felonies. Individuals are ineligible to work in a child care setting if they have been convicted of a Class A, B or C drug-related offense committed during the preceding five years, unless the Department determines an individual to be eligible, pursuant to a review of the conviction or convictions.

1. An individual who obtains comprehensive background check results that contain only disqualifying offenses for Class A, B or C drug-related offenses committed during the preceding five years may request a waiver in accordance with 22 M.R.S. §9054(13).

I.Eligibility for hire

1. The Department will provide the results of the background check to the licensee in a statement that indicates only whether the individual is eligible or ineligible, without revealing information regarding the disqualifying offense.

2. If the individual is ineligible, the Department will provide the information to the individual about each specific disqualifying offense, as well as information on how to appeal the results of the background check.

J.Evaluation requirements. When the Department has reasonable cause to believe that a licensee, provider or applicant may be unable to provide safe care for children, the Department may request a report from a qualified professional or an appropriate official that includes the evaluator's determination of the person's ability to safely care for children.

1. A physical examination or other evaluation is not required if the applicant, licensee or provider states in writing that it is contrary to the person's religious teachings and practice.

2. If the applicant, licensee or provider refuses to be evaluated, the Department shall determine whether sufficient evidence exists to ensure that the person can safely care for children.

10- 144 C.M.R. ch. 33, § 6